International legal fictions: lessons from the South China Sea Award

Lewis, Reece ORCID: https://orcid.org/0000-0002-8076-3635 2021. International legal fictions: lessons from the South China Sea Award. Asian Journal of International Law 11 (1) , pp. 261-280. 10.1017/S204425132100014X

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Abstract

This paper examines the use of a specific international legal fiction. It is claimed that a legal fiction was confirmed by the Tribunal in the South China Sea Arbitration (2016). The paper asks whether this is an effective legal fiction. The paper will argue that this is not so, pointing to the difficulties that the fiction necessarily creates. From this example, lessons may be learned of the phenomenon of legal fictions of international law generally, and, crucially, of their effectiveness.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Publisher:	Cambridge University Press
ISSN:	2044-2513
Last Modified:	09 Nov 2022 11:26
URI:	https://orca.cardiff.ac.uk/id/eprint/143170

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